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25th Congress, f Doc No. 376. Ho. of Reps. 

2d Session. Executive. 



CHEROKEE INDIANS. 



MESSAGE 



FROM THE 



PRESIDENT OF THE UNITED STATES, 



TRANSMITTING 



Jl communication addressed by the Secretary of War to the Cherokee 



Delegation. 



May 22, 1838. 
Referred to the Committee on Indian Affairs. 



To the House of Representatives of the United States: 

The accompanying copy of a communication addressed by the Secre- 
tary of War to the Cherokee delegation is submitted to Congress, in order 
that such measures may be adopted as are required to carry into effect the 
benevolent intentions of the Government towards the Cherokee nation, 
and which, it is hoped, will induce them to remove peaceably and con- 
tentedly to their new homes in the West. 

M. VAN BUREN. 

Washington, May 21, 1838. 



War Department, May 21, 1838. 
Sir : I have the honor to submit to you the accompanying communi- 
cation addressed to the Cherokee delegation now in this city, in order 
that, if it meet with your approbation, it may be laid before Congress. 
Very respectfully, your most obedient servant, 

J. R. POINSETT, 

Secretary of War. 
To the President of the United States. 






2 [ Doc. No. 376. ] 

To Messrs, John Ross, Edward Gnnter, R. Taylor, James Brown, 
Samuel Gunter, Situwakee, Elijah Hicks, and White Path — Chero- 
kee delegation : " 

The undersigned has attentively considered the project of a treaty sub- 
mitted by you ; and although equally desirous with yourselves to satisfy- 
that portion of the nation that still remain east of the Mississippi, and to 
offer them every inducement to remove peaceably and contentedly to their 
new homes in the West, and not unwilling to grant most of the terms pro- 
posed by you ; still, where the rights and just expectations of sovereign 
States are involved, it is deemed inexpedient, without their consent, to 
give to any stipulations which affect them, the form of a solemn treaty. 

In the first article you desire to stipulate and agree that " the said Cher- 
okee nation, party hereto, engages and stipulates to remove from all the 
lands now occupied by them eastward of the Mississippi, and hereby re- 
nounces and relinquishes to the United States all claim of every descrip- 
tion to such lands ; such removal to be commenced at the earliest conve- 
nient period, and to be fully completed within two years from this date ; 
to be effected by the Cherokees themselves and by their agents ; and the 
entire expenses of such removal to be defrayed out of the money to be 
paid by the United States as hereinafter provided," As has been before 
observed, the Government of the United States could not agree to this 
article without the consent of the States whose rights are involved, and 
whose interests may be affected by this stipulation ; but the Executive 
pledges itself to use its best efforts to induce them to abstain from pressing 
their claims in a manner that would produce loss or inconvenience to the 
Cherokee people, and would be inconsistent with their being removed 
with every reasonable comfort. From the well-known humanity and 
generous character of the States of Georgia, Tennessee, Alabama, and 
North Carolina, there can be no doubt of their granting every indulgence 
which the interests of humanity require ; and if two years are necessary for 
the comfortable removal of the nation, the undersigned will venture to 
assure the delegation that their request will be granted. 

If it be desired by the Cherokee nation that their own agents should 
have the charge of their emigration, their wishes will be complied with, 
and instructions be given to the commanding general in the Cherokee 
country to enter into arrangements with them to that effect. With re- 
gard to the expense of this operation, which you ask may be defrayed by 
the United States, in the opinion of the undersigned the request ought to 
be granted; and an application for such further sum as may be required 
for this purpose shall be made to Congress. 

In the next article of your project, you propose that "the United States 
on their part stipulate and agree, in consideration of the premises, to per- 
fect the title of the Cherokee nation to the lands and territory westward 
of the Mississippi, described, mentioned, and defined in and by the treaty 
of 1833 between the United States and the Cherokees west of the Mis- 
sissippi, and the privilege of outlet thereto annexed, and to issue a patent 
therefor to the Cherokee nation in perpetuity ; and further to pay to the 
said chiefs and representatives of the Cherokee nation eastward of the 
Mississippi the sum of dollars, in manner and at the time herein- 

after provided." 



hi) 14 «. 



[ Doc. No. 376. ] 3 

It was always the declared intention of the Government to perfect the 
title to this land to the Cherokee nation, and to issue a patent therefor, so 
soon as that portion of them now east of the Mississippi had emigrated west, 
granting the nation the privilege of outlet and all other privileges secured 
to them by former arrangements. Nor will it object to grant them in 
perpetuity, if Congress should think proper to do so on their recommen- 
dation, under certain restrictions to which the delegation have assented. 
As the delegation expressed their fears that a form of government might 
be imposed which they were neither prepared for nor desirous of, the 
assurance is hereby repeated, that no form of government will be imposed 
upon the Cherokees without the consent of the whole nation, given in 
council, nor shall their country be erected into a territory without such 
previous concurrence. 

With regard to the payment of a further sum of money by the United 
States, the undersigned cannot consent to recommend such a measure to 
Congress. The Senate of the United States deliberately decided that 
$5,000,000 was a full and sufficient indemnification to the Cherokees for 
the lands they relinquished on the eastern side of the Mississippi ; and it 
is understood that the members of that body see no reason at present to 
alter that decision. 

In the third article of your project, you ask that " the said Cherokee 
nation, party hereto, through and by their acknowledged chiefs and offi- 
cers, shall have the entire control, management, and disposition, respon- 
sible only to their own nation, of the funds to be paid under this treaty." 

The undersigned would very much prefer making this disposition of the 
funds of the nation, but as the interests of those Cherokees who have lately 
emigrated are deeply involved in this proposition, the Executive cannot 
recommend such an alternative without the previous consent, of all the 
parties concerned. 

The next article asks " that in addition to the said sum mentioned in 
the foregoing second article, the United States shall forthwith pay, or ar- 
range to be paid, to the Cherokee nation, party hereto, the arrearages of 
the annuities which were provided for in the treaty of 1819, up to this 
date, and shall continue such annuities during the two years allowed for 
said removal." 

The undersigned assures the delegation that whatever arrearages of 
annuities are due to the Cherokee nation under the treaty of 1819 shall 
be promptly paid up to this date, and a continuance of that annuity for 
two years longer shall be asked of Congress. 

The fifth article requires " that inasmuch as the Cherokees contemplate 
removing, as provided for in said first article, as rapidly as their numbers 
and engagements will permit, the United States stipulate and engage to 
pay to them, as such removal and the necessary preparations therefor 
progress, out of the money mentioned in said second article, such sums 
as may, from time to time, be necessary to defray the expenses incident 
thereto." 

All payments and necessaiy advances for the purposes herein set forth 
will be liberally provided for in the contract which the commanding gen- 
eral will be authorized to make with the Cherokee agents for the emigra- 
tion of that portion of the nation east of the Mississippi. 

The sixth article asks " that, during the period prescribed and allowed 
by this treaty for said removal, the United States stipulate and contract to 



4 [ Doc. No. 376. J 

protect the persons and property of said Cherokees from all acts of 
encroachment and violence, and to furnish them, when required, with 
the necessary escort and protection during such removal, until their arri- 
val at their destination beyond the Mississippi." 

The necessary escort and protection during the removal of the Chero- 
kees, until their arrival at their destination beyond the Mississippi, will 
be furnished ; and the United States will protect the persons and property 
of the said Cherokees from all illegal acts of encroachment and violence, 
and will use their best efforts with the States interested to prevent their 
pressing the execution of their rights in a manner calculated to oppress or 
inconvenience any individual of the nation. 

In the seventh article the request is made " that, in addition to the mon- 
eys hereinbefore stipulated to be paid by the United States, they further 
agree to pay to the said Cherokee nation, party hereto, the gross sum oi 
dollars, in full discharge of all claims upon the United States 
under the stipulations of former treaties, for public or private property, 
spoliations, indemnities, and other reclamations, whether national or indi- 
vidual, and for reimbursement of expenses incurred in and about this ar- 
rangement." 

Six hundred thousand dollars was set apart for this purpose by a vote 
of Congress, and to defray the expenses of the removal of the nation to 
their new homes. But as this sum proves to be inadequate for both ob • 
jects, the Executive will recommend to Congress to make a further ap- 
propriation in order to satisfy them. 

The undersigned trusts that the Cherokee delegation will see in these 
liberal concessions the earnest desire of the President to reconcile the 
nation to the necessity of removing without any other delay than a due 
regard for their comfort and convenience demands ; and in this conviction 
confidently relies upon the cordial co-operation of the chiefs and head- 
men to effect this desirable object. 

On the part of the Government, copies of this document, with suitable 
applications to the States interested, will be immediately transmitted to 
the several Governors thereof; instructions will be sent to the command- 
ing general to act in conformity with its assurances ; and a communication 
be made to Congress, asking the consent of that body to the provisions 
proposed for the benefit of the Cherokee nation. 

The undersigned, in closing this communication, which has been con- 
sidered with great deliberation, and drawn with the utmost regard for the 
wishes of the delegation, desires it to be distinctly understood that it con- 
tains the most liberal terms the Executive can grant, with a due regard 
to the rights and interests of all the parties concerned, and therefore pre- 
sents it as the final determination of the Government, and the peremptory 
conclusion of the correspondence with the Cherokee delegation on this 
subject. 

J. R. POINSETT. 

Department of War, May IS, 1838. 



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